Legislation -
Bill Passed
With Amendment
(House)
(-) -
March 12, 2012

Legislation -
Bill Passed
(Senate)
(25-10) -
Feb. 14, 2012(Key vote)

Vote Result

Yea Votes

Nay Votes

Vote to pass a bill that prohibits the arrest and criminal prosecution of anyone who reports or experiences a drug or alcohol overdose.

Highlights:

Prohibits the arrest and criminal prosecution of anyone, including the individual who experiences an emergency drug or alcohol overdose, for certain offenses when the person or persons (Sec. 2):

Report an emergency drug or alcohol overdose to law enforcement or 911;

Stay at the scene of the overdose until law enforcement or an emergency medical responder arrives; and

Identify themselves and cooperate with law enforcement or the emergency medical responder.

Establishes that the individuals who experience or report an overdose are immune from prosecution for any of the following offenses, if the offense arose from the same course of events as the overdose (Sec. 2):

Possession of a controlled substance, except for:

Any mixture more than 4 grams of ketamine, flunitrazepam, or any schedule I or II drug; or

Any mixture more than 2 grams of methamphetamines;

Use of a controlled substance;

Possession of 2 ounces or less of marijuana or 3 ounces of marijuana concentrate;

Open and public display, use, or consumption of 2 ounces or less of marijuana;

Transferring or dispensing 2 ounces or less of marijuana;

Use or possession of synthetic cannabinoids or salvia divinorum;

Possession of drug paraphernalia; or

Possession or consumption of ethyl alcohol by an underage person.

Defines “emergency drug or alcohol overdose” as including, but not limited to, the following conditions (Sec. 2):

Physical illness, coma, mania, hysteria, or death that results from the consumption or use of:

A controlled substance;

Alcohol;

Another substance with which a controlled substance or alcohol was combined; and

That a layperson would believe to be a drug or alcohol overdose requiring medical attention.